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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Protection: Journal Of Land And Environmental Law
Wiganarto, Tri Utomo
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Environmental Science Law, Crime, Criminology & Criminal Justice

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Use of Indirect Evidence in Disclosure of Cartel Violations According To Business Competition Law in Indonesia WIGANARTO, Tri Utomo; GULTOM, Elisatris; PERMANA, Sudaryat
Protection: Journal Of Land And Environmental Law Vol. 3 No. 1 (2024): Protection: Journal Of Land And Environmental Law. (July – October 2024)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (223.411 KB) | DOI: 10.38142/pjlel.v1i1.340

Abstract

In cartel evidence, there are two approaches, namely direct evidence and indirect evidence . The Law on Monopolistic Practices and Unfair Business Competition in Indonesia does not yet regulate the use of indirect evidence as evidence to prove the occurrence of a cartel . The ambiguity of this regulation causes legal uncertainty in the use of indirect evidence in the decision of the Business Competition Supervisory Commission (KPPU). This study discusses the use of indirect evidence in disclosing cartel violations according to the Business Competition Law in Indonesia by harmonizing the ideal concept and studying the relevant laws and regulations. The method of normative juridical approach. The research specification is descriptive analysis. Data was collected by using Library Research and analyzed using qualitative juridical . The results of the study indicate that there is an ambiguity in the arrangement of indirect evidence in the case of business competition in Indonesia, namely cartels. Although further regulation has been regulated in KPPU Regulation Number 1 of 2019 concerning Procedures for Handling Cases of Monopolistic Practices and Unfair Business Competition, this has not yet been regulated at the level of law.
Strategy for Empowering Village-Owned Enterprises through Parson's Social System Approach Ikhwansyah, Isis; Mulyati, Etty; Wiganarto, Tri Utomo
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5251

Abstract

This research examines Talcott Parsons' Structural Functionalist method to empowering Village-Owned Enterprises. BUMDes' economic and social dynamics are understood using this method. The Parsonian social framework's adaption factors, goal attainment, integration, and delay are studied. This normative, philosophical, and analytical research examines social and legal theories to characterize BUMDes' role in village development. The descriptive analytical research technique reviews BUMDes-related legislation, regulations, and practical practices. Qualitative data analysis yields extensive Parsons' theory application results. The research found that BUMDes promotes inclusive and sustainable village development. BUMDes adapts its economic approach to the village's possibilities, such as agricultural or tourist development. BUMDes may boost village revenue by fostering productive companies, achieving objectives by improving community welfare. The integration component emphasizes village institution-community engagement for social stability. Latency involves BUMDes' attempts to conserve local culture to retain village identity throughout development. However, financing and institutional coordination concerns are typically major barriers. This research found that Parson's strategy may help BUMDes improve Indonesian communities' economic and social growth.
Co-Authors Elisatris Gultom Etty Mulyati Isis Ikhwansyah Permana, Sudaryat